“Why should they be at a disadvantage compared to Gutknecht?” he asked.

Weinblatt also said it defies reason to have no time limit on the signatures, saying Gutknecht could use extra signatures collected in previous elections if that was the case. He wouldn’t predict the outcome of the suit but said he believes it has strong merit.

“I’d far rather have my side of the argument than the other side’s,” he said, “because it’s the common sense side — not the gamesmanship side.”

Ruling likely soon

Kiffmeyer said state law makes numerous distinctions between major party candidates and those from minor parties or with no party affiliation at all. The process set up for getting minor candidates on the ballot involves collecting signatures during the brief filing period.

Major party candidates automatically get a place on the ballot by paying the filing fee. The petition in lieu of a filing fee is distinct from the one involving minor candidates, she said.

“There is no deadline as far as when they get those signatures,” Kiffmeyer said of major party candidates. “... There’s no ambiguity in my mind.”

She said a staff member made a mistake in referring to Gutknecht’s petition as a nominating petition on one piece of paperwork and said Weinblatt was using that mistake as a way to connect the two provisions of law.

Weinblatt expects the Supreme Court to schedule oral arguments on the case as early as next week and to make a decision as soon as the following week.

If he proves successful, Gutknecht’s options would be limited. Write-in campaigns aren’t allowed in primary elections, so Mikkelson would win the Republican nomination Sept. 12 and would be listed as the party’s candidate on the Nov. 7 ballot. Gutknecht could run a write-in campaign for the general election.

Kiffmeyer doesn’t think Gutknecht has much to worry about.

“I think there is no basis in the law for removing him from the ballot,” she said.

Weinblatt said he thinks he has a legitimate case, but he wouldn’t make a prediction.

“Either one’s going to play by the rules or not,” he said. “The Supreme Court is going to tell us.”